Disbarred lawyer out on bond in fraud case wants to travel to Hawaii for anniversary with wife

Friday

May 30, 2014 at 10:07 PMMay 30, 2014 at 10:10 PM

Michael Holtzman Herald News Staff Reporter @MDHoltzman

SOMERSET — John Silvia Jr. — who faces 20 years in prison after alleged securities and mail fraud crimes and whose court release includes travel restrictions mostly within Massachusetts — wants to celebrate a belated anniversary in Hawaii with his ill wife.

U.S. District Court Judge Leo T. Sorokin took Silvia’s motion under advisement Friday.

His lawyer, Behzad Mirhashem petitioned the court to allow Silvia to travel from July 5 to July 14 on a trip to Hawaii planned prior to his arrest by federal officials in February.

Silvia, 64, of 305 Foley St., a disbarred lawyer, was indicted March 27 on charges of allegedly failing to invest $300,000 in a fraudulent scheme in real estate and a technology company. He also failed to hold a license to make such investments.

Nearly 20 years ago, state officials issued a non-criminal complaint that he sold unregistered securities and allegedly defrauded 400 people of about $20 million to invest in a Somerset recycling company scheme.

He repaid about 28 percent of those lost investments, which he was ordered to repay in a civil decision.

Mirhashem said in a district court motion that Silvia and his wife have been married for 42 years and they had planned a trip to Hawaii for their 40th anniversary.

“They were unable to take the trip because she was in treatment for cancer,” the lawyer wrote.

He said the trip was scheduled before his February arrest and airfare and hotel expenses “will be paid entirely through Marriott points earned by Mr. Silvia.” Mirhashem estimated food and other expenses would be $800 to 900.

He addressed court-required supervision by saying Silvia would be 65 next month, has no prior criminal record and would not be a flight risk. If the court was concerned about supervision, Silvia would report to probation in Hawaii, he offered.

Assistant U.S. Attorney Sarah Walters objected to the motion.

Silvia is free on $50,000 unsecured bond and other conditions that are mostly standard in a felony indictment, said Christina DiOrio Sterling, U.S. attorney’s office spokeswoman. He is allowed to travel to Florida with an itinerary approved by the probation department, she said.